§ 1368.3 - Association Standing As Real Party In Interest

An association established to manage a common interest development has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the individual owners of the common interest development, in matters pertaining to the following:

  1. (a) Enforcement of the governing documents.
  2. (b) Damage to the common area.
  3. (c) Damage to a separate interest that the association is obligated to maintain or repair.
  4. (d) Damage to a separate interest that arises out of, or is integrally related to, damage to the common area or a separate interest that the association is obligated to maintain or repair.

Index Table of Contents

Contact Us

Please sign me up to receive your newsletters